attorney at the department of justice. testimony given under oath that says the voting rights division at the department of justice is no longer in the business of justice for all. welcome to "america live," i'm megyn kelly. after 12 months almost of being ordered by his bosses at the doj to ignore lawful subpoenas served upon him, longtime attorney christopher coats today defied orders from his bosses and made some powerful and stunning allegations against his employer claiming the full protection of the whistleblower statute. in testimony before the u.s. commission on civil rights about the voter intimidation case from 2008, coats offered evidence under oath that race and politics are driving decisions at the department of justice. take a listen. >> responded by telling the

gathering in there that the obama administration was only interested in wringing traditional types -- bringing traditional types of section 2 cases that would provide equality for racial and minority language voters. and then she went on to say that this is what we are all about or words to that effect. megyn: in other words, mr. coast testifying there is a mandate within the department of justice not to enforce the voting rights laws for the benefit of white victims. steve centanni live in washington. he's been following the hearing all morning. steve, what have we learned? >> reporter: well, christopher coates at first did not want to testify, he's now testifying before the u.s. commission on civil rights with damning testimony about a culture of injustice inside the justice department. as he puts it, there's a long-term hostility to race-neutral enforcement of the voting rights act. that is, the policy is the unwritten but sometimes spoken

policy made very clear to him anyway, he says, is that minorities will be protected when it comes to voting rights but not necessarily whites, that all the emphasis, all the focus should go toward minorities. so that's the main thrust of what he said today. he made some very strong allegations against some of the people who have this belief in the justice department who have now risen to higher positions in the obama administration and who are in contro here. let's listen to one more thing that christopher coates says here. >> do you agree that there is a culture in the voting division broadly constituting the reinforcement of wording -- [inaudible] >> yes. i believe that -- i don't think, i don't think that it exists to the same degree with every low in the voting section, and there are some employees in the voting section who do not agree. but that generally there has been a pattern of hostility that is reflective, also, of the point of view of the, some of

the major civil rights groups. >> reporter: he also said at one point that the civil rights division of the justice department is nothing but crowd pleasers for the civil rights groups. and although some obama administration officials are now in high positions where he believes they hold this opinion, this goes back, of course, all the way into the bush years where there were some people in the justice department who tried to block prosecution of a corrupt leader of voting rights, a leader down in mississippi and into the clinton administration too. so this is not new, but he's saying this has been intensified by some of the appointees mr. obama has made. megyn: what has been the response of the department of justice? we had earlier, months ago jay christian adams, another whistleblower from the department of justice, come out and make very similar allegations, and they dismissed him as having distorted the facts and saying he had an

agenda because he happens to be a conservative. chris coats used to head the aclu's voting rights division, then headed the doj's voting rights division. what is the department of justice saying about chris coates who is still to this moment a doj attorney? >> reporter: that's right. he's been moved down to south carolina. he's no longer in charge of the voting rights division. they say they do enforce the voting rights act equally. it's not as chris koates claims simply devoted to protecting minorities, but to protecting all voters all across the country. so that's their claim, and they give their specific reasons for dismissing the case of the black panthers in philadelphia during the voting in '08, so they have made their defense. but they also have made it clear they do not want coates to testify, and yet here he is today. megyn: an extraordinary move by him. he's listened to his bosses' orders since last december, and my sources tell me he'd had

enough, he couldn't get this inquiry go on one day longer without giving the testimony that has been subpoenaed of him. folks, this goes way beyond the new black panther party case. it has almost nothing to do with that anymore. two department of justice attorneys, one current and one recently former, are saying that the department of justice will not enforce the voting rights laws of this country where the victim of voter intimidation or in other sections of the law is white. that caucasians will not be provided the benefit of the voting rights laws even though the mandate from congress is quite the opposite. justice is supposed to be blind even when it comes to voting rights laws. that's the allegation. the department of justice denies that and says that's just not true. they haven't spoken specifically to coates to malign him, but they did to jay christian adams. chris coates' testimony getting a lot of attention, and coming up on this broadcast two of the

commissioners setting on this panel -- this panel is virtually the only one looking boo this - into this -- they will join me live. the panel breaks down along sort of party lines. we're going to have one from each side to represent the various positions and talk about where this case could go in just a bit. well, there's a lot of finger pointing in washington right now after senate democrats led by majority leader harry reid decided to delay a vote on your taxes. the bush tax cuts are set to expire at the end of december, and if congress doesn't do something, every american who pays taxes will get hit with a significant increase. some democrats want to keep -- want to up the top rates for the top earners but keep the rest of the rates at the bush administration levels. other democrats are arguing for no increase at all, that's what the republicans want at all. there continues to be a standoff right now.

and a remarkable moment on capitol hill today. comedian stephen colbert appeared in front of a committee on immigration and border security and, basically, mocked the issue? and the hearing. and the lawmakers sat there and took it. before things even got started, however, one lawmaker did apparently see what was coming and asked ahead of time that kohl bay bare -- colbert make his statement in writing. >> i would like to recommend that now that we've got all this attention, that you excuse yourself and that you let us get on with the three witnesses and all the other members there. >> i'm here at the invitation of the chairwoman, and if she would like me to remove myself from the hearing room, i'm happy to do so. i'm only here at her invitation. >> that is correct. >> well, thank you very much. that's fair enough.

>> the gentleman's time has expired. megyn: so john conyers, a democrat, wanted colbert to go, but the chairwoman, sow lofgren, wanted him to stay. and what happened next looked like a big joke, but not everyone was laughing. just ahead, stephen colbert's testimony -- if you want to call it that -- and reaction from one republican congressman who was not happy. he'll be here live. fox news alert, folks. within the last two hours eric shawn, our own eric shawn, sat down for an exclusive and sometimes combative interview with, arguably, the most hated person in new york city right now. iranian president mahmoud ahmadinejad. eric joins us now with the fascinating details. hi, eric. >> reporter: hi, megyn, how are you? he said in this interview which was wide-ranging, yes, combative and also spirited that the world is free not to believe iran when it comes to their nuclear program. of course, he again denied that

iran is trying to get a nuclear bomb. i also asked him about his controversial comments about 9/11. yesterday at the united nations general assembly he said that the u.s. government is behind 9/11 or could have been. it has caused a lot of controversy and pain for many people, so i started off asking him about that. americans well, but you have insulted millions and millions of americans by claiming that the u.s. government had a hand in 9/11. quite frankly, sir, how could you say such an insane and nutty thing? >> translator: would you address your own president the same way? would they ever allow you to? >> reporter: in terms of that remark, sir -- in terms of those remarks -- >> translator: you probably didn't read the full -- >> reporter: yes, i was there yesterday. what evidence do you have that the u.s. government is responsible for 9/11? you're smiling. you believe that the government had a hand in 9/11.

>> translator: i did not say -- give an opinion of my own. i actually suggested that a fact-finding group and mission be formed to delve into the truth. do you think that the entire world has to accept what the u.s. government tells them? >> reporter: osama bin laden has taken credit, al-qaeda officials have taken credit. it seems very clear. >> translator: that's fine, but the fact-finding mission can shed light on who the perpetrators were. >> reporter: well, he told me he also sent a letter to president obama. he's awaiting a reply from the president on that and says that he hasn't gotten one yet. he did raise the issue of whether or not his country wants to have a nuclear weapon. do you want to pursue a nuclear bomb? >> translator: i have said on numerous occasions that we do not want an atomic bomb. >> reporter: why should we

believe you? you are violating four u.n. resolutions, you kicked out u.n. inspectors. why should the world believe anything that you say on this subject? >> translator: we do not insist that you should be believe us. we've never said that you should. you are free not to believe us, but why would you insist on imposing your view on us with resolutions, with force? >> reporter: well, he also said that the u.s., quote, occupation of iraq and afghanistan have not stopped terrorism around the world, and he again denied that iran supports terrorism. megyn? megyn: that was fascinating, eric. i'd love to see more. i hope we'll post it online, and i don't think you have a new fan in president ahmadinejad. >> reporter: he called me a media tool, apparently, and i said, no, i'm an objective journalist. we'll have more on sunday at the

11:00 hour. megyn: good deal. we'll be watching that. good job. well, a congressman told to apologize following controversial statement toss a spanish-language news network. coming up, we'll show you what democrat loretta sanchez said to that television network. it is a statement that critics are labeling flat-out racist. oh, this is as ugly as it gets, folks. and what's even worse is the mother of one of these girls is cheering her on from the sidelines. and they've all landed themselves in kelly's court. there's a myth you can't switch car insurance until your policy expires. here's the truth:

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megyn: well, a california congress woman facing major backlash following some controversial remarks about her republican opponent and the vietnamese community. loretta sanchez, a democrat from orange county, told a spanish-language tv station that, quote, the vietnamese and republicans are trying to take her seat. her challenger, who is a vietnamese descent, is now demanding an apology. rick folbaum live in this our new york city studios with more. hi, rick. >> reporter: you'd think someone who has served in the congress for so long, almost 15 years, would know better. but there was lo loretta sanchez giving an interview to univision saying something in spanish that's causing an uproar. sanchez's opponent is a vietnamese-american. here's the congress woman, and we've translated her comments for you. watch. [speaking spanish]

>> reporter: the vietnamese trying to take away the seat. the tran campaign pointing out tran himself is an immigrant whose family had to flee vietnam after the fall of saigon and alling her remarks an attack on the entire vietnamese community in orange county. tran saying the 47th congressional district belongs to the people and not to an individual ethnicity. now, the congresswoman's office not apologizing, but trying to clarify saying sanchez was not referring to the entire community, only those supporting her opponent. the congresswoman has a long record of supporting her district's vietnamese community, but the damage may have already been done. the latest polls show sanchez

has only a two-point lead, and in a year when incumbents are already under fire, something like this could prove costly. megyn: all right, rick. thank you. iran's president using the world stage to insult the united states. heene time, deadline after deadline for action passes as the threat grows. did iran's president just slam the door shut? al am combs weighs in. and some would say it's nice work if you can get it. chrysler union workers paid while drinking and smoking pot on the job. we caught it on camera. the fallout and the reporter who busted these employees whose jobs were saved with your taxpayer dollars. ♪ [ male announcer ] this is rachel, a busy mom.

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megyn: new fallout to an auto worker scandal rippling across mowtown and the rest of the country. have you seen this video of chrysler employees in detroit drinking and smoking pot on the job? here they are on their half hour lunch break. it is the same plant where president obama once told americans their tax dollars would not be going to waste bailing out the u.s. car industry, and watch what happens when one local reporter confronts these guys. >> i hate to be a buzz kill, but shouldn't you guys be building cars? don't you guys work out at the chrysler factory? you know, the government spent a lot of money bailing you guys out, and you're coming out here on your lunch break drinking like this?

where you guys going, man? you gonna go build some cars now? megyn: look at them peel away in their fords. [laughter] we're told that chrysler identified the 15 employees caught on video and suspended each one indefinitely without pay. their union co-workers at the plant say they're not happy about the black eye, makes 'em all bad. there's 2500 or so employees, but they also think chrysler and their union bosses should have gotten a heads-up before the scandal went public. >> what extent is that going to take it? are we going to start watching people even in their off time? >> you see a picture of a few people and think that that represents what we are about here as a whole hurts. >> all of us took a censure. all of us had to give up something to keep chrysler going. we're taxpayers too. he's getting fat off

autoworkers. megyn: wait until you hear what the uaw, the autoworkers union, now says about the scandal. coming up next hour we will speak with fox reporter rob woolcheck in detroit. he's the one who busted the workers, who did all the background work after receiving a tip about their behavior. we are looking forward to hearing from rob about an hour from right now. well, just momenting ago you heard part of fox's interview with the iranian president. he told our own eric shawn, quote, i have said on numerous occasions we do not want an atomic bomb. but there aren't a lot of folks outside tehran who happen to believe that, so what exactly is the next step for our administration? alan colmes, host of the alan colmes show. he gets up there before the u.n. general assembly yesterday, ahmadinejad does, and suggests that 9/11 is an inside job, that we put ourselves through. the u.s. delegation gets up and walks out, and now president

obama's critics are saying, you know, look at the juxtaposition. you've got that nut case up there saying that, and just moments earlier you had president obama talking about how the door for diplomacy is open and extending the olive branch. >> of course, look, he's nuts, ahmadinejad. he's cuckoo for cocoa puffs. what do you expect his critics to say? they're going to do that no matter what he does, just like the democrats should go for the tax cuts for the middle class because they're going to be accused of it anyway. he also said we have to defeat al-qaeda, we have to dismantle and defeat al-qaeda. he also said that iran, we would love peace, but iran has to be held accountable. let's look at all what he said and not selectively pick one or two sentences about peace. megyn: speaking about iran yesterday and the message is, we have john bolton on the show yesterday -- >> there's a peace lover. megyn: and he said -- he's a tough guy.

and he said, no, they don't. actions are not having consequences for iran because now they're maybe within a year of having an atomic bomb, and we're not really doing anything. four sets of sanctions against iran none of which are working. >> if you want to use john bolton as an example of what we should do -- megyn: he wants regime change. >> well, that's not our goal. we've tried that, it hasn't gone very well. we tried it in iraq and got mired down in a war. we're in the middle of afghanistan now and trying to make some kind of peace and losing american lives to the tune of dozens of people a week. we don't do regime change. we shouldn't be doing that. i don't know what john bolton or the war hawks want us to do, but obama at the united nations should be speaking peace, and if he has something to do of a more warlike nature, i don't think he should be signaling that in an internationally-watched speech at the u.n. megyn: okay, so i get it. you don't want to telegraph it. >> sure. megyn: certainly not at the u.n. is it your understanding or

belief that president obama is, in fact, working on some, you know, back room war plan or military strike perhaps with israel to prevent -- >> i am not in the back room, believe it or not. i don't actually get those calls to the white house. this may shock you, megyn, but i don't get those calls. i'm fairly confident we have a security structure, many of the same security people like jim jones who were in the bush administration, gates of the bush administration who, i'm sure, are prepared for any contingency. they're not going to telegraph it, as you well put it, at the united nations. megyn: they're saying iran could have a nuke within the year, and from what i read, iran has barred the iaea inspectors from visiting the suspected sites. so what good is the u.n. nuclear watchdog? >> the inspectors in iraq before the iraq war were actually doing a very good job in getting weapons removed which is why we didn't find the wmds we would told -- megyn: what are you talking about iraq for?

>> similarly in iran, look, i'm convinced and i feel quite secure that there were plans in place. they're not going to tell megyn kelly of fox news or little alan colmes who's got a radio show exactly what their plans are. let's not have fear mongering here, and let's accept the u.n. for what it is. he gave the right speech yesterday talking about olive branches and peace, but also talked about accountability. megyn: and didn't need to be more bellicose. >> correct. megyn: okay. alan colmes, happy birthday. >> oh, please. i don't know what you talking about. please, don't get up. megyn: it's a big birthday. >> don't get up. thank you. megyn: everybody here at the team -- >> not necessary. megyn: so you must be a virgo? >> libra. i'm on a virgo planet. >> my son's first birthday is tomorrow, and he's a libra. what am i saying? happy birthday, have a great one. well, a justice department

attorney, current attorney, testifying under oath ability how decisions are being made on voters' rights saying it has to do with race in the department, not the law. just ahead in his own words why chris coates says the doj is no longer in the business of justice for all. and a comedy star making a joke of a congressional hearing. we might expect it from him, but what about the lawmakers? why was he even there, stephen colbert, and how on earth did he even arguably add to the debate on immigration? one lawmaker did not find it funny at all, and he's here live. >> but this is america. i don't want a tomato picked by a mexican. i want it picked by an american, then sliced by a guatemalan and served by a venezuelan in a spar where a chilean gives me a brazilian. [ female announcer ] think a thick cream is the only way to firm skin?

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from their homes. it's because of heavy rainfall. lindsay lohan back in jail. a judge throwing the book at the actress for failing a drug test. she is going to jail without bail until her next court appearance next month. back now to our top story. dramatic testimony from a current department of justice attorney. after 12 months almost of being ordered to ignore subpoenas, longtime doj attorney christopher coates today defied orders from his boss and made powerful and stunning allegations, offering evidence and a firsthand account that race and politics are driving decisions at the department of justice about which laws get enforced, and which do not. here is just a sampling of some of the back and forth between attorney coates and the commissioners. >> in the reluctance to enforce race neutral laws against minorities is it your opinion that we're talking about afro

americans, or are we saying that hispanics, native-americans, asians, that you would feel there would be a reluctance even to move forward on those types of cases. >> i think that the philosophy that some people have that the voting rights act was intended to benefit people of color, and that therefore the federal government should not be involved in enforcing the provisions against those minority groups. megyn: ashley l. taylor junior and michael yackki are commissioners, that is the group that is looking into these allegations and has been for many, many months now. thank you so much for being here. i know politically you come from ideological different ends of the spectrum. we are glad you're both here to represent both sides. ashley let me start with you. mr. coates basically giving

credence to the testimony of j christian adams the first whistle-blower. this is about much more than the dimissal of the black panther, it's about the alleged policy of not enforcing the voting rights laws where the victims of voting rights intimidation or other misdeeds are right. can you frame up where we are right now with this investigation, and what could potentially happen here to the department of justice? >> thank you, megyn. what we have now is a situation where we have our second witness to come forward. the first witness was forced to actually quit his job as a trial attorney with the department of justice. this second witness was -- felt compelled to invoke the whistle-blower protection in order to testimony. about a philosophical struggle within the civil rights division. according to his testimony today and adams testimony earlier you have some people that

fundamentally believe that the law does not apply equally and the voting rights laws were not intended to protect certain people. in other words necessity look first to the victim and to the perpetrator to determine whether or not the law should be applied equally. he says as he rose through the ranks he started in 1996 eventually in 2008 becoming chief of the section he found his philosophy strained his relationship with his superiors. they criticized him when he would have potential trial attorneys whether or not they would be willing to enforce the law equally. that is a strange question for someone to ask for someone who was interviewing for a civil rights section. what is more disturbing, megyn is that he was told to stop asking that question by a political a pointy. megyn: loretta king whose picture we have. >> it was some of the most shock testimony we heard today, that they would deem it to be

inappropriate to ask a potential hire whether or not they would apply the law equally. megyn: michael yakki give me your take on it. more on the left leaning side of the commission have dismissed the continue shrers see -- controversy over the black panther case as not that buy a deal. what is your reaction to these broader brush allegations now that j christian adams and christopher coates have made? >> i think there is a difference between what they say and demonstrate. the obama administration has enforced the law in a race neutral fashion. they intervened in a case brought by the bush administration, have continued that case to protect wide voters. i think what we have here is the ideological remnants of the politically polarized and ideal logically rigid bush administration. there was an oig report -- megyn: let me jump in and i'll let you continue.

christopher coates worked for both democratic and republican administrations and used to head up the aclu's voting right section. he's no dyed in the wool conservative. >> he actually defended the fact the fact that eyes ideology was not what it was made out to be because of the aclu background. he said he was friends with two people who basically poe lit ta stkaoeuzed the justice department as found by the inspector general and by the office of personnel management at justice. the fact is, he and j christian adams are part of the group that lost the election. they are mad about it, they are making wild accusations. the fact of the matter is that adams came to us and he would bet that the justice would intervene and they did. megyn: what about that, that they did in one case intervene to protect white voters? >> let's all recall how this

investigation began. it began because the bush administration filed charges against the black panther party for their conduct in philadelphia in front of a polling booth. the judge entered a default order. when the new administration came in they simply walked away from the case. so we ask a basic question, why did you walk away from the case? the testimony we heard today, and the testimony we heard from mr. adams earlier both demonstrated that the factual basis that they provided by way of an explanation simply doesn't make sense. what makes sense is what they described as a philosophical struggle within the division as to whether or not the laws should be applied equally. megyn: let me ask you this mr. yakki. i understand you dismiss both men's' testimony because you think they are conservative ideologs essentially i'm paraphrasing. what if they are right, what if you're not right to dismiss their testimony. what if fernandez did sit down

and tell the department of justice attorneys at several luncheons not to bother enforcing the voting rights laws where the victims are white? doesn't that warrant getting for tphapb tkedz in front of the commission, getting loretta king in front of the commission, what if this is really happening. >> what's more important is coates talked about how they walked away from protecting black voters in miss. megyn: right now we are in 2010, and we are about to go into a midterm election and a presidential election. >> i know what this is all about. megyn: rather than just discuss -- dismissing the under oath sworn testimony of two department of justice attorneys, i'm asking you, sir, what if it's true? what are you doing about it? why not get julie fernandez, loretta king, these other doj attorneys who have been specifically named by these lawyers as issuing these mandates before your commission and ask them some hard

questions? >> well, there are two reasons. one, i believe that actions speak louder than views. the administrations actions in july of this year. megyn: in that one case. >> it is the only one case that is out there. the fact is that people like hans and chris and other people want us to sue in all these other cases, when frankly there is nothing at risk for voters but to waste judicial resources. the fact of the matter is is you have a justice department committed to equal protection under the law. they know that they are doing it in that case, i'm sure they'll show it in other actions. what one person may heard someone say is always going to be he said she said. megyn: they claim there was a room full of people and there are two people. mr. taylor i'll give you the final word. >> the facts speak for themselves. in this case we have a whistle-blower who shortly had his rights and responsibilities within the division taken from him compelling him to move to south carolina because of the

stained relationship because he wanted to enforce the law equally. those are the facts as a commission we have the responsibility to bring out, not to make accusations but to get the facts out. megyn as you said ask the people who have been identified by the two whistle blowers to come forward and share with us what is really going on. megyn: julie fernandez, loretta king and eric holder this if he would make himself to the commission or to the reporters covering this. i appreciate you both coming on. this case has got even a lot of attention and i appreciate both of your perspectives. all the best. >> thank you. >> bye-bye. megyn: a disturbing piece of video resulting in criminal charges now. two girls, teenagers ducking it out in a big dust up after school. on "kelly's court" you will learn why it was one of the tpaoebgs in the crowd who was the only -- folks in the crowd who was the only one who wound up under arrest. boss: our breakout session is gonna be great.

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may help reduce after meal blood sugar spikes and may help reduce high morning blood sugar. [ male announcer ] onglyza should not be used to treat type 1 diabetes or diabetic ketoacidosis. tell your doctor if you have a history or risk of diabetic ketoacidosis. onglyza has not been studied with insulin. using onglyza with medicines such as sulfonylureas may cause low blood sugar. some symptoms of low blood sugar are shaking, sweating and rapid heartbeat. call your doctor if you have an allergic reaction like rash, hives or swelling of the face, mouth or throat. ask your doctor if you also take a tzd as swelling in the hands, feet or ankles may worsen. blood tests will check for kidney problems. you may need a lower dose of onglyza if your kidneys are not working well or if you take certain medicines. [ male announcer ] ask your doctor about adding onglyza. extra help. extra control. you may be eligible to pay $10 a month with the onglyza value card program. megyn: "kelly's court" is back

in section. on the docket, hair pulling, hey makers and the mother who made it a spectator sport. two girls going toe to toe to settle things over a boyfriend. the whole thing was planned and promoted by one of the girls' mother. she is seen screaming at her daughter, the one in the blue shirt to do more. now she is charged with child abuse, accused of letting the showdown go down in the first place. so is that right. let's ask our panel. former federal prosecutor liz we will. you have the girl in the dark shirt on the bottom, her mother is encouraging this. the mother is yelling, don't fing stop, don't fing stop

cheering her on with other expletives. did the police do the right thing in charging the mother. >> yes they did. it's one of the most horrific cases of child abuse in this instance. the mother helped plan it, knew about the fight. went with her daughter to the fight, all these expletives encouraging her daughter. instead of saying, hey kid, you know you fight over exboyfriends, let's talk it out. to actually go there and yell at her daughter and keep going and beat up the other child that is child abuse. megyn: janna the mother is apparently saying this fight would happen with or without her, the daughter was determined to foyt and she claims reportedly the daughter suffered a skull fracture years ago and she wanted to make sure that the daughter wasn't hit in that same location and defended herself as much as she could. like i couldn't stop it so i just went to try to even sure that she won it. is that going to reply?

>> no, it's not. listen if parenting required a license this mother would have her license suspended for sure. what she did was inexcusable, but if i'm defending her i think it's explainable. it reminds me of the old saying, the apple doesn't fall far from the tree. this mother when she was a kid was probably beating things up -- widths -- kids up for her lunch money, and nobody probably interesintervened for that. that's all she knows. she takes a step of participating in her child's fight, it's ridiculous. does she belong in jail, probably not. does she belong in counseling, yes, she does. megyn: lez it's textbook, right the penalty term of imprisonment not exceeding five years. how long should the mother go to jail. >> 5 years and a $5,000 fine. this woman should get the five

years. megyn: really, five years. >> come on, look, this woman, we've never heard about time out, we've never heard about tell your kid she can't go out she's grounded. we never heard about go to the principal, my daughter is being bullied, put a stop to it. come on, lady there are many other things she could have done. megyn: she was also 16. she is capable of making up her own mind, which sort of, a little bit mitigates the mother's role in this thing. >> this mother needs help obviously and so does they are daughter. megyn: the kids are not facing any charges, although they are looking into it. the other mother of the other girl showed up and continue believe the mother was allowing it to happen. >> when she was asked by the investigators why did you let this happen. i can't say. megyn: she is going to have to say. thanks so much. police did the right thing charging this mother she essentially loaded the gun and encouraged the daughter to shoot.

what she did was disgusting and criminal, others may learn a lesson from her stupid deand the resulting consequences. wait until you see what we have after the break. bloop achieve what's ahead of you.

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megyn: we are now five minutes away from a truly remarkable scene on capitol hill. comedian stephen colbert openly mocking a congressional hearing as the lawmakers sat there and took it. one of those lawmakers is here live. first we go to texas where one group is pushing back against school textbooks that they say put down christianity while building up islam. kris gutierrez is following this one from austin, texas. >> reporter: this is one book that supporters of this resolution point to as being unbalanced. here is why. if you open up in the table of contents islam is mentioned 27 times while making only one reference to christianity.

the man who drafted the resolution says even if the board doesn't adopt it he's already won because textbook publishers have been put on notice, listen here. >> it tells me that our representatives truly are concerned about this happening, and they truly do care about the education of our young people in texas, and i tell you, texas has a tremendous responsibility because we buy a lot of textbooks and we influence a lot what is going on across the nation. so if we are watching out here it's bound to help the rest of the country. >> reporter: now critics are calling on the board to reject this resolution because they say it does nothing more than politicized indication and support anti-muslim bigotry. >> it's hard not to conclude that the misleading claims in this resolution are either based on ignorance of what is in the textbooks or on the other hand are an example of fear monkerring and playing politics. >> reporter: if this resolution

passes, megyn, changes wouldn't take effect until 2012. back to you. megyn: kris gutierrez. thank you. up next stephen colbert, he was asked to testify to congress about immigration and border security in character, not surprisingly he made a mockery out of both issues and made fools out of a lot of our lawmakers. congressman steve king was in that hearing. he is not laughing an is here next. also you saw it here yesterday, chrysler autounion workers boozing and smoking pot on the job. these are the same workers president obama praised two months ago. this is what they did five days after president obama left their plant. is this when they do when he praises them? the reporter who broke the story is here live with an incredible follow-up. >> hate to be a buzz kill but shouldn't you guys be building cars? don't you guys work out at the chrysler factory? you know, the government spent a lot of money bailing you guys out, and you coming out here on

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incredible fallout from a hearing that turned the u.s. congress into comedy central hi everybody, i'm megyn kelly, we have breaking developments right here on "america live". we are hearing some sharp commentary now from some republican lawmakers, after comedian stephen colbert made a mockery of the immigration reform debate on capitol hill. he was invited to testify in character about his one-day experience as a farm hand. and it indeed became a circus, right out of the gate. >> i would like to recommend that now that we got all of this attention, that you excuse yourself and that you let us get on with the three

witnesses and all the other members there. >> i'm here at the invitation of the chairwoman and if she would like me to remove myself from the hearing room, i'm happy to do so. i'm only here at her invitation. >> that is correct. >> well, i thank you very much. that's grand. >> the gentleman's term has expired. mig there you heard zoe, the chair of the house subcommittee on immigration, winning her argument to let colbert speak and here is just a sample of the critical testimony she want to hear from him. >> congresswoman lofgren asked me to share my vast experience spending one day as a migrant farm worker. i'm happy to use my celebrity to draw attention to this important, complicated issue. i certainly hope that my star power can bump this hearing all the way up to c-span one. >> as you heard this morning, america's farms are presently far too dependent on immigrant labor to pick our fruits and vegetables.

the obvious answer is for all of us to stop eating fruits and vegetables and if you look at the recent obesity statistics, you'll see that man americans have all righted started. my gastroenterologist has informed me in no unnecessary terms they're a necessary form of roughage. as necessary, i'd like to sub might colonoscopy into this record. but this is america. i don't want a tomato picked by a mexican. i want it picked by an american. then sliced by guatemalans, and served by a venezuelan, in a spa, where a chilean gives me a brazilian. because my great grandfather did not travel across 4000 miles of the atlantic ocean to see this country overrun by immigrants. he did it because he killed a man back in ireland. that's the rumor. i don't know if that's true. i'd like to have that stricken from the record. i participated in the ufw's take our jobs campaign, one of only 16 people in america to take up the challenge.

though that number may increase in the near future, as i understand, many democrats may be looking for work come november. i'll admit, i started my work day with preconceived notions of migrant labor, but after working with these men and women, picking beans, packing corn, for hours on end, side by side, in the unforgiving sun, i have to say, and i do mean this sincerely, please don't make me do this again. it is really, really hard. for one thing, when you're picking beans, you have to spend all day bending over. if turns out and i did not know this, most soil is at ground level. if we can put a man on the moon, why can't we make the earth waist high. come on, where is the funding. but i've got to ask, why isn't the government doing anything? maybe this ad jobs bill would help, i don't know. like most members of congress, i haven't read it. maybe the easier answer is just to have scientists

develop vegetables that pick themselves, the genetic engineers at fruit of the loom have made great strides in human hybrids. megyn: that was hilarious to some, and a huge waste of taxpayer time and money to others. actually, you can feel both. congressman steve king is an iowa republican on that subcommittee. all right, congressman. the question to stephen colbert, he's a funny comed ian and he delivers a funny bit and he makes people laugh. what the hell was he doing before the u.s. congress? >> there was no rational reason for him to be there. i think this started back some weeks or months ago, when the chair from california was in forced relations with the united farmers union and they set this up and it got a life of its own. this was dropped on it, i've known about this for a few days but i didn't know he was going to testify in character. i read his written testimony last night, it was about 1 1/4 pages along, double space, without much

substance and the witness is requested to summarize their written testimony in five minutes. he went off on a comedy routine he had written as a separate document, and i think it's an insult to the time and insult to the intelligence of the american people that congress has conducted themselves in this fashion. one point that he made, that there will be a lot of democrats looking for work, that is an accurate point and it was shown in the hearing today. megyn: lawmakers, they seemed like they were enjoying it, laughing. did you get a chance to speak with zoe lufgren after the speech about how she felt about her decision to invital and stand by that when a fellow democrat, john conyers, said i don't think this is appropriate and don't think you should testify. >> we don't have that close a personal relationship and we didn't have much of a conversation, although i did ask her point blank if she anticipated that chairman conyers would ask steve colbert to leave the room and just leave his testimony.

she said she didn't anticipate that and didn't know he was going to do it. so that's as close as he came. but you know how lawmakers are. there were more cameras than i've seen in a long time so they're aware of that and always glad to get a little camera tile and that did dictate some of the conduct of some of the panel members. megyn: congressman, do you think that zoe lofgren owes the country on apology for wasting our tax dollars and time? there's a lot of problems on capitol hill, a lot of problems in this country, you talk about immigration, obviously, that's a huge issue, especially along the southern employment, un-- border, unemployment, you've got 14.9 million people unemployed in this country now and while it's great to listen to stephen colbert on comedy central at night, many perceive that as a huge waste of your time and our taxpayer dollars and does she owe us an apology? >> megyn, we have enough problems on the hill to make a blanket request like that. i don't know. but i will say this, that she and stephen colbert, among them, disparage the

people that do hard work in america every day. she went out and did some work on this farm and stephen colbert did some fark on this farm -- on this farm, i pointed out that he was unpack ago crate of sweet corn and it has to go the other direction -- >> megyn: are you telling ph me he's not in fact an expert? >> that he what? >> megyn: he's not in fact an expert, you're telling me he actually didn't have his facts right? >> he didn't have his facts right. i saw the video and it was staged and he did have his facts right when he said he had a sliver of insight. that would be all. but he didn't do real work, they said it was hot, it was hard, i saw no sweat, i've done a lot of that work and i made 245-point -- made that point today. there are a lot of people who go out every day and do real, hard work and they're proud of it and should be and they compete with each other and demonstrate how much they can produce in a day. that's part of the american shirt -- spirit, and all of that was disparaged by them claiming the work was too hard for americans so we have to bring in illegals to do that work because they don't have the leverage we

have. i'd say we're proud workers in america, we do a lot every day, megyn. >> megyn: this is the roughest of estimates but the house judiciary has a budget of 11 million, the websites lists 151 hears that you've held in the congress and as a crude measure on average, each hearing costs $125,000. $125,000 for that little bit about steve colbert's day on the farm. congressman steve king, always love hearing from you, thank you. >> megyn: thank you. >> megyn: you got to tip your hat to john conyers. what do you think about it, was it great, hilarious, did he make an even bigger joke of the u.s. congress than most think they are or was it totally inappropriate, or both? kelly, fox news.com. >> stephen colbert's uncut testimony, you can ride it all out on foxnews.com. okay, i already read that. keep going. foxnews.com. they know. another fox news alert

for you, a new sequel for lindsey lohan, a california judge sending her back to jail with no bail after she failed a drug test and violated her probation. will the third time in the clicker be the charm? rick folbaum, a lot of people didn't think the judge would send her back, she took responsibility, said i have a disease, and nonetheless this judge said sorry. >> this judge means business and it's the first time she's been before this particular judge, and you've got to figure other fellow inmates have missed her ever since she was let out over the summer, only 14 days into her last 90-day sentence, and this would be comical if it wasn't so sad so watch this young woman self destruct before our very eye, have failed drug test which lohan admit to on twitter, just the latest parole violation, all following a pair of drug and drunk driving arrest necessary '07. she had been released early the last couple of times but the judge made it pretty

clear today that's not going to happen again and that means that lindsey lohan will have to stay in jail until late october. the no bail part, that's the discretion of this judge and apparently this is a guy whose orders are not typically overturned, so on go the cuffs, as you can see in the sketch, the judge saying in court that lohan had a positive test for a controlled substance, no word on what that substance was, but he hinted that she might also be in violation of other conditions of her parole, saying that officers are looking into that as well. just a week ago, the actress went on twittory tell her fans, quote, substance abuse is a disease which unfortunately doesn't go away overnight. i'm working hard to overcome t. and i'm taking positive steps. this is certainly a setback for me but i'm taking responsibility for my actions, and i'm prepared to face the consequences. now we know, at least in part, what those consequences are. she'll hear next time before she goes before this very same judge, october 22nd. back to you. megyn: rick, thank you sir.

another alert, the armed standoff at a south florida bank is now over. the fbi saying the robbers began their caper by first kidnapping a bank employee, strapping what appeared to be a bomb to his chest, and then using that man to steal money from the bank. the teller brought out of the bank, unharmed. no other employees or customers were held hostage. but the three suspects, getting away with an undetermined amount of cash. a man hunt is underway to nab them. we are live with our phil keating in miami just momenting away. unbelievable case. it's been called the most horrific and gruesome crime in connecticut state history. today, chilling testimony in the trial of a man accused of raping a woman and killing her, along with both of her daughters. these are -- we go live to the courthouse in connecticut, next. plus screen left, a sitting u.s. senator, screen right, a self-made business mogul who would like the job of senator.

democrats thought they had the upper hand. a brand new poll may give them reason to celebrate. and they got busted, boozing and doing drugs on the job. we showed you the jaw dropping camera clip yesterday. today, what you didn't see. fox will show you the amazing footage, two of the chrysler big rig -- big wigs, they watched it. what was their reaction when they sat and watched this. plus the reporter behind it all joins me live.

megyn: well, one of the most closely watched events in the mid terms is the senate race in nevada. they are in a dead heat. nearly three weeks before early voting begins there, both senate majority leader harry reid and his republican tea party-backed challenger, 43 percent apiece among the voters, that is according to the latest las vegas review judge poll.

thirty-four all. and reid and angle, duking it out at a vegas high school last night, angle, the tea party favorite, taking the stage and reid, the democrat, answering questions. turned out the candidates weren't the only ones trading jobs. o jabs. >> a brawl breaking out in the audience, a female supporter of reid, saying it all began when an angle supporter would not let her past him in a seat, she said he pushed her over and punched her friend in the face. the woman said the scuffle had nothing to do with politics, just a simple disagreement, where some old woman gets punched. no arrests were made. heartbreaking testimony in the trial of one of the two men accused of a brutal triple murder, and facing a potential death penalty

conviction. here, the relatives, trying to hold it together, after hearing the graphic details of the day a mother and her two young daughters were killed during a home invasion. laura ingle is covering this trial live from new haven, connecticut. i just want our viewers to know, this is a graphic case, and there are some disturbing details about sexual assault and the murders themselves. so just as a warning before we listen to laura. but this has been such a tough week for the family. they've already been through so much, but now they had to sit in the courtroom and listen to the worst. what happened there today? >> reporter: hi megyn. indeed they not only had to listen to a lot of the testimony here that involved the very grim and graphic details of what happened to their loved ones, but yesterday, autopsy photos were shown and they did have to leave the courtroom. but let's get to today. we're talking about basically a dna lesson inside the courtroom for jurors, a state forensics expert testified today about the evidence that was

collected in the sexual assault used on jennifer hawk petit, the mother in this case and her two daughters. the evidence that was talked about today backed up the prosecution's case that the mother of two had been sexually assaulted before she was manually strangled by stephen hayes, allegedly, and that 11-year-old makayla with the blond her had also been sexually violated before she died of smoke inhalation as she was tied up to her bed, violations against makayla allegedly came at the hands of the other in the case. forensic experts testified that there was no evidence of sexual assault on 17-year-old haley and that she managed to escape her ties. she was also tied up to her bed, and tried to flee the flames that engulfed her house. it was a fire that was set after they were all assaulted. but she collapsed and died at the top of the staircase in her home, and that's what we heard about today. mig you know, it's our job

to report this to you in a matter of fact way and bring you the facts but it's tough to hear those facts and have any neutral reaction. i guess the fire marshals will appear today as well, laura? >> that's right, and actually, we just came back from a lunch recess, the fire marshal is on the stand now and again, the prosecution's case is that the two men broke into the petit home in july of 2007, after they ransacked it for jewelry and for money and sent the mother to the bank to withdraw funds, $15,000. in the middle of all this, you know, the defense has said that somewhere along the line this all went horribly wrong, it was only supposed to be a robbery, they said, but again, as we've been reporting, some very horrible things happened to the girls and to the mother. the father managed to escape with his life, just barely. he was beaten, and we also heard evidence today about the baseball bat that was used, the father who was here in the courtroom saw that baseball bat, again today. the fire marshal is here to talk about how the fire was

started and how they investigated that using canines, that testimony continues right now, megyn. megyn: the defense has been almost nonexistent in terms of any denial. it's become a referendum simply on the death penalty and whatever mitigating factors they can find. laura ingle is on it. thank you. chrysler got billions in bailout cash and the president actually praised the auto workers in person a couple months back, and these were some of the guys, getting the thumbs up from washington. now washington didn't know that this was going on at the time, but now, we do. these are the men to whom we gave our taxpayer handout and the reporter who broke this story joins us live in ten minutes to tell us how the auto workers union is now handling this. -- plus -- come on elmo, don't you want to play? >> elmo! >> ♪ megyn: elmo, playing with

katie perry cut short. find out why sesame street pulled this off the air. and the campaign trail, voters get up close and personal, with meg whitman and new jersey governor chris christie was there and boy, did he come to her rescue. >> hey. hey listen. hey listen. hey, listen, you know what? you want to yell, yell at me megyn: whoa! more on that exchange, right after the break.

megyn: back now to a bank standoff in florida, a news conference wrapping up a short time ago. police are searching for the three men who robbed a bank of america near the

university of miami. making a brazen entre with a bank teller they kidnapped, with what looked like a bomb that was strapped to his chest. phil keating is following this with more on the man hunt. >> reporter: this is quite the bizarre case here, as three suspects in this bank robbery remain at large. the fbi, wrapping up a news conference, about 45 minutes ago, detailing what all happened. three men last night go to the home of this bank employee, the bank employee whom you see without a shirt on, finally leaving that bank of america branch shortly after noon today. they get to his house last night shortly after midnight, a house he shares with his father, they're arpblgd they had weapons, and they then home invade and take them hos arpblgs all the way until 8:00 this morning when two of the suspects drive the suspect -- or drive the employee's red mustang, they go to the bank, that employee has the keys to get in the bank and

they have this explosive device strapped on to his chest. it could have been a invest, it could have been a belt, either way, it's around this guy's body, and he certainly believes it is a bomb, and they tell him, we have a remote control device sitting with us in the car, you go in, go into the vault, get a bunch of cash and come out and bring it to us, otherwise, we're going to blow you up. and nobody was hurt. in the end, however, all three are now on the loose and they did make away with a large amount of cash. megyn: wow. good luck to the police. sounds like they have good leads to go on, anyway, in tracking them down. thank you. it is one of many races getting quite a bit of attention this election cycle, the senate race in california between democratic incumbent barbara boxer and republican business woman carly fiorina, the republican was neck and neck with this fight but brand new poll numbers may catch your interest. plus, trouble for the most famous soccer player in the world. david beckham, suing an alleged prostitute, or at

least trying to. his story, her story, and what his wife is saying. plus, president obama, visited this plant to show support for auto workers. what really goes on at this plant and how do auto workers return the favor? the reporter who uncovered this incredible video, we showed it to you yesterday, is next. >> several high ranking chrysler representatives came to view our vid and actually thanked us. scott garberdine is vice president of manufacturing. >> i'm here today because --

megyn: brand new reaction from the corner notify detroit after a posse of auto workers were caught in the act, catching a buzz on the job. chrysler has now responded to the footage that we showed you yesterday. more than a dozen men who build the flagship's suv, the grand cherokee, seen slugging down beers and smoking pot in a park at break time, they squeezed it in on the 30-minute lunch break. president obama spoke a few short weeks ago after the american taxpayers kept it from closing. rob wilchek sets the scene. >> reporter: we got a tip that some chrysler workers were using their lunch break to catch a buzz. we started following them

five days after president obama's visit and caught them, day after day, hitting up the party stocks then hitting the public park to pound beers. kwroerbgs and did i mention, a little smoking? >> the day shift starts at 6:00 a.m., at 11:00, there's a half hour lunch break, the partiers have just enough time to head up to the liquor store, drive about a mile to the park, consume for ten minutes, and get back to the plant in time to work the last three hours of their shift. >> tuesday, september 14th, 10:57 a.m., here comes our crew, out for break. now at the party store, 11 -- # 1:07, hitting the coolers for liquid refreshment. these guys are team players. check out this handoff. he has a quarter of beer and a king can as he waits in the checkout line. this guy has got his hands full. looks like he was buying one for miss buddy in the mini van.

it's 11:09 and the party started, these dudes joined at 11:11. a minute later, here comes the big crew, these days never missed a day we were watching. last but not least, these guys show up at 11:15, they brought their gang. this dude takes a hit, takes a sweug, another drag, then, slugs on a mini bottle. the party breaks up at 11:22, and by 11:25, everybody is back at the factory, on time. wouldn't want to be written up for being late. and remember, we saw this day after day after day. and in fact, every day we went to the park during lunch, people were there, partying. finally, last friday, we had seen enough. >> hey guys, hate to be a buzz kill, but shouldn't you guys be building cars? don't you guys work out at the chrysler factory? you know, the government spent a lot of money bailing

you guys out, and you coming out here on your lunch break drinking like this, where you guys going, man? you going to go build some cars now? >> megyn: well, many of those auto workers had smirks on their faces as rob walked up. no doubt the smiles turned downside down after fox played the uncut footage in the boardroom at chrysler. here's the part you didn't see yesterday. >> several high ranking chrysler representatives came to fox 20 view -- to view some of our video an thanked us. scott garberdine is vice president of manufacturing. >> i'm here today because i'm very, very disturbed about what we just saw on the video. and i want to make it clear that we at chrysler take this very seriously. for us, this behavior is totally unacceptable, and will be dealt with swiftly. in fact, we've already identified a few of the people involved in this incident. each of them has been suspended indefinitely,

without pay, and pending further investigation. and we'll continue to pursue this, in fact, until we're done. what's difficult about this is these few people who exhibited bad behavior have painted a bad picture of what's an outstanding assembly plant filled with outstanding and committed chrysler employees at jefferson north, and i want to make it clear we're very proud of our plant, we're very proud of our people. megyn: and chrysler as you heard there, responding to that footage and now actually adding that the company has acted swiftly and they expect final decisions to be made on these employees by monday. folks, he crafted one of the most talked about reports in america right now, his name is rob wilc h-plt ek and he's a reporter for wjbk in detroit. incredible reporting. not only was the entire newsroom glued as we played this yesterday but we have gotten so much feedback on this now from our viewers, some of whom say sadly this

isn't that out of the ordinary based on their own experience, and others who can't just can't believe their eyes. i have to say, you got on this because somebody gave you an anonymous tip that some was -- this was going on? >> we actually got a tip from somebody that works in the plant that this was going on. we went out there and checked on it, not once, not twice, we went ten times. ten times, we were ten for ten, every single time we went out there, there was somebody in the park, drinking, smoking, doing their thing, partying it up, gulling down beers, heading straight back to the plant. megyn: you goat out there ten day, you catch them ten days, you catch them in the 711 buying beers, didn't anybody see you guys with the cameras? i understand you were being discreet, but still -- >> we have the best investigative team around. i'm telling you right now. we are very good, my photographers are incredible. i can tell you how we got the fid -- the video but i'd have to kill you. megyn: we don't want to reveal the secrets here. ten days out there, you finally find this. are you

worried at all, rob, now about payback, have you been threatened at all? a lot of people are unhappy with you. >> well, i have not been threatened but certainly there are a lot of people that are unhappy. in general, detroit is probably pretty unhappy, just the city in general, because you know, we don't need another black eye, we all depend on the auto industry, these guys blew it for everybody. we want our car companies to do well, we want chrysler to do well, we have a lot of really good people out here who work really hard and these knuckle heads that went out and were partying it up, they blew it, they blew it for all of us, and you know, we may have to start from scratch again, trying to build up a reputation. megyn: and there are 2500 employees at that chrysler plant. >> and those jeeps are awesome, they are really nice cars. megyn: let's hope even the jeeps these guys were behind are still awesome. what does chrysler say? by monday, do they think the cases will be dispositioned, as they put it, everybody is

suspended indefinitely without pay? what has been the union's reaction to this? >> the union is a bit more difficult. chrysler acted very swiftly, they came down here, they were serious as a heart attack when they saw that video, and you know, i do my stories kind of wild and crazy, i put a little humor into them and these guys were not laughing at all, this was not funny business to them. it's not funny business to me, either, but that's just my style. these guys took it very seriously. now, the union has released a statement, and that's pretty much all we've heard from them, and their statement was that the company -- no, their statement was the r* they strongly oppose the the use of controlled substances or alcohol use on the job. of course, these guys weren't really on the job. that was their unpaid lunch break, but that's kind of like being stopped by the police officer and him saying i'm stopping you for drinking while driving and you say well, hey, i'm not drinking anymore, i finished an hour ago. megyn: now that i'm stopped i'm not driving, either. i thought it was interesting the union went on to say but we also recognize that

unfortunately these behaviors exist in our society. often times in these kinds of dispute, unions try to argue that there's a dependency and you can't get rid of somebody when they have a dependency under the law and they fight to keep peoples' jobs based on that. we'll see what they try to do between now and monday at that chrysler plant. rob, great reporting. we enjoyed it. we like your style! >> all right, thanks so much, megyn. megyn: all the best, sir. unbelievable. well, you may have seen at the top of our hour, steve colbert, taking his act to capitol hill: >> eventually, americans may consider taking these jobs again, or maybe that's crazy. maybe the easier answer is just to have scientist develop vegetables that pick themselves. the genetic engineers at fruit of the loom have mate great stride in human hybrids. megyn: fun yes, maybe. but was it a waste of congress' time in we're getting e-mails and our power panel weighs in next. pop singer katie perry, too revealing for elmo and

your children! certainly sesame street thought so. you will not be seeing their dueet on pbs. reaction, and elmo's, too. next.

megyn: well, comeddon stephen colbert appearing as an expert at a house hearing on illegal farm workers just a short time ago. yesdy! top democrat on the committee john conyers tried to stop it but the woman who inknighted him, joe luv again, said no, he's testifying and it went downhill from there. author of losing our religion and daily caller, conservative column must and fox news contributor, andrea santoras and host of the strategy room's breaking news -- >> i still hang out with

them, too. >> let's start with colbert. we've been watching this all morning. i'm giving testimony, we figured out from our brain room, loosely, this costs $125,000 a shot, so what do we make of it, funny or a farce? >> funny but not the right time and place. i feel like congress got punked and it's no surprise that luv again is up for reelection. -- lofgren is up for reelection. i feel like this is a stunt to get attention. megyn: who's going to vote for her? >> put some decorum on the capitol. >> i didn't think it was that fun kwrefplt he's a funny guy but at the -- not at that place and time and immigration is a serious issue and no offense, we're short on dollars these days so let's stop clowning around. >> this fits perfectly what the democratic congress is about. it's clowns. john conyers had to shut it down. >> i'm listen to go colbert. >> being on capitol hill, i

used to put together these hearings and always want to bring in somebody who's going to have star power. we tried to get uma thurman to talk about human trafficking to get news coverage because the hearings are so boring, but this is not the way to do it. i mean, this guy made a mockery. >> but i want boring. >> wasn't he the big winner? >> he got this platform to make fun of everybody. >> absolutely. >> it was a standup, congress was the big loser. what else is new. all right, speaking of one of the losers, senate race in california is getting interesting. it's boxer versus fore een ya-- fiorina, boxer the democrat, fiorina is the republican challenger and the polls show the democrat is moving ahead. they were neck and neck but the latest poll shows 47 percent for boxer, 41 percent for the republican fiorina. no sooner does this come out than the fiorina camp goes out and say we haven't unleashed our campaign and so on and so forth, but the california folks, can they be counted on to vote republican in a senate race? >> you know what, this is surprising that carly is doing as well as she is,

although she's slipped in the polls a little. you add it together and it's 5.6% difference between the two. it is still recoverable. carly could still overtake barbara boxer but she has tremendous name recognition, she's got a big fan base in california, a lot of liberals support her, she's been there for a long time. she's sort of a mainstay of california politics. >> if i'm boxer, what doy run on? look at the state and the senate. what did she pass, a health care bill that no one likes, a stimulus bill that failed. cory -- carly fiorina has the heads here. >> it's california! they love democrats. >> she's this close, she's within the margin of error. they're dead even. she's got independents on her side and here's what she really has. most people know barbara boxer, her unfavorables are hire. carly fiorina has an opportunity to define herself to that 28 percent. >> if you are carly fiorina would you not be willing that i prefer you call me senator? >> my hats off to madam

senator. >> none of these polls matter. especially for this midterm. what matters is are democrats going to come out on election day for boxer, because you know republicans are. all over the country, and in california. that's the big question. megyn: this was a poll of likely voters which tends to take that into consideration, but we'll see how the polls go. now we've got to talk about this katie perry mess. sesame street always invites celebrities on. why on earth do they let her wear this outfit with elmo? everything is fine except for the boobs. why are they showing her breasts to the kids on sesame street? >> jennifer garner said you're not going to wear something like that, katie perry is outrageous, i don't see what the point is. it's not appropriate for kids. do you want your son watching that? >> i don't. >> aren't there enough people out there, justin bieber -- they could be --

we don't need to go to the scantily sex pods. either use the tweens or the geriatrics. >> that's what i need to do, too! >> finally, there are parents that don't want their kids to go from birth to adolescence, they want them to have a childhood. >> i'm totally in favor of that, as the mother of a one-year-old baby! okay, speaking of boys, little boys, david beckham. in this bizarre situation, prosecutors are -- prostitutes are claim to go have a 2-some with him, and he is in the process of suing her but now all these witnesses are coming forward to say they -- >> believe it or not, yes, credibility. he's an idiot. she is major hot. this story has credibility. they're standing by it. she says he's going to sue them. the woman didn't get down to the specifics of it.

it was three minutes. >> oh! >> if a woman came out and said it only lasted 3-4 minutes, now i know why he's doing it. >> and madam is backing it up, too, and jeraldo rivera, from another story, had a copy of the list of the clients. >> to what extent do we believe -- we love to see celebrities fall, marriages call. it's sick but we do. to what extent are we feeding into that. >> we do and they are. these two are in a perpetual state of suits. they are trying constantly to combat the rumors and if this is not true this must be so annoying for them. >> and eva longoria, that was a total lie. >> it will catch up with him. >> he's already admitted to cheating once. >> at these they have gazillions. at the end of the day, they have that going for them.

and face to face with iran, one day after ahmadinejad spoke to the united nations and accused the u.s. of orchestrating the 9/11 attacks. that interview is upcoming.

megyn: battle over the right to build is shaping up in florida, some supporting a ballot, putting a project up to public vote. others say it's a surefire way to prolong the recession. douglas kennedy has more. that's all community development programs. if you build it, they will come. that's been the motto in florida real estate for years. now some say they have too much. >> garcia says

overdevelopment has turned florida into a graveyard of unfinished and unoccupied homes. >> this development was supposed to be one of the largest cities in the area. it was supposed to be 15,000 homes at connorton and today there's 233. >> florida has hundreds of stalled developments like conorton north of attacha, it also has a record 300,000 vacant houses. >> you blame all these vacant homes on these local boards who basically caved, you say, to high powered construction companies over the past ten years. >> and it's because the public didn't have a vote and didn't have a say in the matter. >> a say garcia says the public should have, and he's now supporting a ballot initiative in florida that would put every proposed large development up for public vote. florida's developers have predicting complete catastrophe if the constitutional amendment passes. >> if you like the

recession, then you will absolutely love amendment four. >> ryan hauk is from citizens for lower taxes in a stronger economy. the main group opposing amendment four. >> amendment four is going to cost tens of thousands of jobs, raise taxes on working floridians, and make it more expensive to live in our state. >> so the opposition says you are going to keep florida in recession with less jobs and higher taxes. what do you say? >> well, i say that the opposition in the system that they want to keep going here is what got us in this recession in the first place. >> garcia says he wants to get rid of the boom and bust cycle of florida real estate. that's it from here, megyn. back to you. megyn: douglas, thank you. a tip over your text messages. can a phone network really pick and choose which text it wants to send? the answer may surprise you.

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grandpa's cooooooooool. way cool. ♪ grandpa spoils me rotten. ♪ to know, know, know you ♪ is to love... some people call us frick and frack. we do finger painting. this is how grandpa and i roll. ♪ and i do [ pins fall ] grandma's my best friend. my best friend ever. my best friend ever. ♪ [ laughing ] [ boy laughs ] ♪ to know, know, know you after this we're gonna get ice cream. can we go get some ice cream? yeah. ♪ and i do ♪ and i do ♪ and i do >>megyn: wild predators are no match for monster vegetable.

a montana woman fought off a 200-pound black bear with this. the bear attacked her dog and she ran in to try to break up the fight. she got a scratch open the leg and grabbed the only weapon she could find: a zucchini from the garden. purled it at the bear and hit it between the eyes. he runs into the night. look at this graphic, a local news station "is there anything a zucchini cannot do. today is september 24, year ago tomorrow i gave birth to my little man, edward. he will be one year tomorrow and i have received so many warm wishes and so much love from all of you, i don't normally show his picture because we like to keep him to ourselves but this he is, my little man. thank you for all the love and support and all my love to him.